(f) Each resident’s placement agreement, individual service agreement, and plan must clearly state that the adult foster care or community residential setting license category is a program without the presence of a caregiver in the residence during normal sleeping hours; the protocols in place for responding to situations that present a serious risk to the health, safety, or rights of residents served by the program under paragraph (e), clause (1) or (2); and a signed informed consent from each resident served by the program or the person’s legal representative documenting the person’s or legal representative’s agreement with placement in the program. If electronic monitoring technology is used in the home, the informed consent form must also explain the following: (1) how any electronic monitoring is incorporated into the alternative supervision system; (2) the backup system for any electronic monitoring in times of electrical outages or other equipment malfunctions; (3) how the caregivers or direct support staff are trained on the use of the technology; (4) the event types and license holder response times established under paragraph (e); (5) how the license holder protects each resident’s privacy related to electronic monitoring and related to any electronically recorded data generated by the monitoring system. A resident served by the program may not be removed from a program under this subdivision for failure to consent to electronic monitoring. The consent form must explain where and how the electronically recorded data is stored, with whom it will be shared, and how long it is retained; and (6) the risks and benefits of the alternative overnight supervision system. The written explanations under clauses (1) to (6) may be accomplished through cross-references to other policies and procedures as long as they are explained to the person giving consent, and the person giving consent is offered a copy. (g) Nothing in this section requires the applicant or license holder to develop or maintain separate or duplicative policies, procedures, documentation, consent forms, or individual plans that may be required for other licensing standards, if the requirements of this section are incorporated into those documents. (h) The commissioner may grant variances to the requirements of this section according to section 245A.04, subdivision 9. (i) For the purposes of paragraphs (d) through (h), “license holder” has the meaning under section 245A.2, subdivision 9, and additionally includes all staff, volunteers, and contractors affiliated with the license holder. (j) For the purposes of paragraph (e), the terms “assess” and “assessing” mean to remotely determine what action the license holder needs to take to protect the well- being of the foster care recipient.
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